Modification of Child Support in New Mexico
Child Support in New Mexico can be modified whenever there is a change in circumstances. The party alleging the change in circumstances has the burden of proving that there has been a "significant change in circumstances." Anytime there is a significant change in custody, you should have an attached child support worksheet. NMSA (1978) § 40-4-11.4(A) provides: "A court may modify a child support obligation upon a showing of material and substantial changes in circumstances subsequent to the adjudication of the pre-existing order. There shall be a presumption of material and substantial changes in circumstances if application of the child support guidelines in Section 40-4-11.1 NMSA 1978 would result in a deviation upward or downward of more than twenty percent of the existing child support obligation and the petition for modification is filed more than one year after the filing of the pre-existing order."
A 20% change in support and a year wait are fairly significant changes for a Court to entertain a child support modification. Typically, if any moderately significant provision of child custody changes, then the court will also draft a new child support worksheet. Many courts will also review child support simply if it has been a significant period of time since the child support obligation was put in place.
NMSA (1978) § 40-4-11.4(B) also provides that the parties are obligated to exchange financial information each year if one of the parties requests it. This is a requirement whether the legal documents provide for it or not. The information includes Federal and State Tax Returns, 1099s, W-2s, information about daycare and medical expenses.